by trisha

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PEOPLE v. VS.PABLITO ANDAN Y HERNANDEZ, GR No. 116437, 1997-03-03 (/juris/view/c871d?
user=gWjZ5ZENUckJMU3QxTmgxc2llazl1YW1JNEFjNXp3Qm9uTG1jTnNqcHBhND0=)

Facts:

AAA was walking along the subdivision when appellant invited her inside his house.  He used the pretext that the blood pressure of his... wife's
grandmother should be taken

AA agreed to take her blood pressure as the old woman was her distant relative.  She did not know... that nobody was inside the house.  Appellant
then punched her in the abdomen, brought her to the kitchen and raped he

After silence reigned, he pulled her body to the other side of the fence, dragged it towards a shallow portion... of the lot and abandoned it.[2]... e
policemen recovered a broken piece of concrete block stained with what appeared to be... blood.

pair of denim pants and a pair of shoes which were identi ed as AAA's

Appellant's nearby house was also searched by the police who found bloodstains on the wall of the pigpen in the backyard... more newspaper, radio
and television reporters came. Appellant was again interviewed and he af rmed his confession to the mayor and reenacted the crime.

On arraignment, however, appellant entered a plea of "not guilty." He testi ed that in the afternoon of February 19, 1994 he was at his parent's
house in xxx attending the birthday party of his nephew.

Issues:

ERRED IN ADMITTING AND USING AS BASIS OF JUDGMENT OF CONVICTION THE TESTIMONIES OF THE POLICE INVESTIGATORS,
REPORTERS AND THE MAYOR ON THE ALLEGED ADMISSION OF THE ACCUSED DURING THE CUSTODIAL INVESTIGATION, THE
ACCUSED NOT BEING

ASSISTED BY COUNSEL IN VIOLATION OF THE CONSTITUTION

Ruling:

Accused-appellant assails the admission of the testimonies of the policemen, the mayor and the news reporters because they were made during
custodial investigation without the assistance of counsel. Section 12, paragraphs (1) and (3) of Article III of the Constitution... provides:
"SECTION 12.(1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent
and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he... must be
provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) x x x

(3)Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

(4) x x x"

(1) to remain silent; (2) to have competent and independent counsel preferably of his own choice; and (3) to be informed of such rights.

obtained

Any confession or admission obtained in violation of this provision is inadmissible in evidence against him.

Appellant was already under custodial investigation when he confessed to the police. It is admitted that the police failed to inform appellant of his
constitutional rights when he was investigated and interrogated

Under these circumstances, it cannot be successfully claimed that appellant's confession before the mayor is inadmissible

It is true that a municipal mayor has "operational supervision and control" over the local police[32] and may arguably be deemed a law...
enforcement of cer for purposes of applying Section 12 (1) and (3) of Article III of the Constitution.

not made in response to any interrogation by the latter.

It was appellant himself who spontaneously, freely and voluntarily sought the mayor for a private meeting.

When appellant... talked with the mayor as a con dant and not as a law enforcement of cer, his uncounselled confession to him did not violate his
constitutional rights.[... questioning by the authorities, but given in an ordinary manner whereby appellant orally admitted having committed the
crime.

Appellant's confessions to the media were likewise properly admitted.

The confessions were made in response to questions by news reporters, not by the police or any other investigating of cer.

d voluntary and are admissible in evidence.

deemed voluntary... willingly, openly and publicly... devil gripped his mind and because of that according to him, your Honor, were the pornographic
magazines, pornographic tabloids which he, according to him, reads almost everyday before the... crime.

appellant's confessions to the news reporters were given free from any undue in uence from the police authorities. The news reporter... s acted as
news reporters when they interviewed appellant
They were not acting under the direction and control... of the police.

check appellant's confession to the mayor... orce... not for

In fact, they asked his permission before interviewing him. They interviewed... him on separate days not once did appellant protest his innocence.

e rule that appellant's verbal confessions to the newsmen are not covered by Section 12 (1) and (3) of Article III of the Constitution.

We r... relation between a private individual and another individual

Principles: